Bidding Documents 

 

 LEASE OF PRIVATE AUTOMATIC BRANCH EXCHANGE (PABX) SYSTEM

 

For the

BOARD OF INVESTMENTS

1

TABLE OF CONTENTS

SECTION. I. INVITATION TO BID 3

SECTION II. INSTRUCTIONS TO BIDDERS 4

SECTION III. BID DATA SHEET 27

SECTION IV. GENERAL CONDITIONS OF CONTRACT 32

SECTION V. SPECIAL CONDITIONS OF CONTRACT 46

SECTION VI. SCHEDULE OF REQUIREMENTS 47

SECTION VII. TECHNICAL SPECIFICATIONS 48

SECTION VIII. BIDDING FORMS 59

2

INVITATION TO APPLY FOR ELIGIBILITY AND TO BID

The Board of Investments (BOI) invites interested parties to bid for the Lease of a Private Automatic Branch Exchange (PABX) System with an approved budget for the contract (ABC) of Sixteen Million Pesos (Php 16,000,000.00) per the following budgetary schedule:

Year Amount (Php)2015 P 875,000.002016 P3,600,000.002017 P3,125,000.002018 P3,125,000.002019 P3,125,000.002020 P2,150,000.00

Schedule of activities:

Activities Schedule/Location1. Issuance and Availability of Bid

Documents Starting August 21 to September 14, 2015 (8:00 a.m.-5:00 p.m.), at the General Services Division, 2nd Flr. Industry and Investments Bldg., 385 Sen. Gil J. Puyat Avenue, Makati City, Tel. No. 896-8370 (c/o Mr. Jerry Pajarillo or Ms. Eloisa T. Salas)

2. Pre-Bid Conference September 1, 2015, 9:30 a.m. 2nd Flr. Conference Room, 385 Sen. Gil J. Puyat Avenue, Makati City, Tel. No. 896-8370

3. Submission and Opening of Bids September 14, 2015, 9:00 a.m. for Submission and 9:30 a.m. for Opening of Bids, 2nd Flr. Conference Room, 385 Sen. Gil J. Puyat Avenue, Makati City, Tel. No. 896-8370

All interested parties shall pay a non-refundable bid fee of Twenty Five Thousand Pesos (Php 25,000.00) at the Cashier’s office, 2nd Floor Industry and Investments Building, 385 Sen. Gil J. Puyat Avenue, Makati City.

Bids shall be submitted in sealed envelopes labelled “ELIGIBILITY”, “TECHNICAL” and “FINANCIAL” pursuant to Section II C (12), (13), and (14) of the Bidding Documents. Note that the “ELIGIBILITY” envelope must contain three (3) smaller envelopes separately labelled “LEGAL”, “TECHNICAL”, and “FINANCIAL”.

BOI reserves the right to reject any or all bids or any part thereof, declare a failure of bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability , and make no assurance that a contract shall be entered as a result of the bidding. Likewise the BOI may waive any minor defect therein and accept the offer most advantageous to the government. Further, the BOI assumes no responsibility or liability for any and all costs associated with the bidders’ participation in the bidding process regardless of its result.

Executive Director Raul V. AngelesChairman

3

Bids and Awards CommitteeSection II. Instruction to Bidders

TABLE OF CONTENTS

A. GENERAL1. Scope of Bid . . . ………………………………………………….62. Source of Funds…………………………………………………..63. Corrupt, Fraudulent, Collusive, and Coercive Practices…..….64. Conflict of Interest…………………………………………………75. Eligible Bidders……………………………………………………86. Origin of Goods……………………………………………………97. Subcontracts……………………………………………………….9

B. CONTENTS OF BIDDING DOCUMENTS8. Contents……………………………………………………………109. Pre-Bid Conference……………………………………………….1010. Clarification and Amendment of Bidding Documents…………11

C. PREPARATION OF BIDS11. Language of Bid………………………………………………….. 1112. Eligibility Check……………………………………………………1113. Documents Comprising the Bid: Technical Component………1314. Documents Comprising the Bid: Financial Components……. 1315. Alternative Bid……………………………………………………. 1416. Bid Prices…………………………………………………………. 1517. Bid Currencies……………………………………………………..1518. Bid Validity………………………………………………………….1519. Bid Security………………………………………………………..1520. Format and Signing of Bids………………………………………1721. Sealing and Marking of Bids……………………………………...17

D. SUBMISSION AND OPENING OF BIDS

22. Deadline for Submission of Bids…………………………………1823. Late Bids……………………………………………………………1824. Modification and Withdrawal of Bids……………………………..1825. Opening and Preliminary Examination of Bids………………....19

E. EVALUATION AND COMPARISON OF BIDS26. Process to be Confidential……………………………………….2027. Clarification of Bids………………………………………………. 2128. Domestic Preference……………………………………………..2129. Detailed Evaluation and Comparison of Bids…………………. 2130. Post-Qualification………………………………………………… 2231. Reservation Clause……………………………………………… 22

4

F. AWARD OF CONTRACT……………………………………………….

32. Contract Award……………………………………………………2433. Signing of the Contract………………………………………….. 2434. Performance Security…………………………………………….2535. Notice to Proceed…………………………………………………26

5

A. General

1. Scope of Bid

1.1The procuring entity named in the BDS (hereinafter referred to as the “Procuring Entity”) wishes to receive bids for supply and delivery of the goods as described in Section VII. Technical Specifications (hereinafter referred to as the “Goods”).

1.2 The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause 29.

2. Source of Funds

2.1 The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the "BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract.

2.2 Unless otherwise provided in the BDS, payments will be made only at the request of the Procuring Entity and upon approval by its Head in accordance with the provisions, terms, and conditions of existing and applicable law. No party other than the Procuring Entity shall have a right or claim over the budget specifically appropriated for the project.

3. Corrupt, Fraudulent, Collusive, and Coercive Practices

3.1 The Procuring Entity as well as the bidders and suppliers shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Procuring Entity:

(a) defines, for purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019.

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the

6

execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

(iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels.

(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract.

3.2 Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1 (a).

3.3 Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a bidder or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3.

4. Conflict of Interest

4.1 All Bidders found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Bidder may be considered to have conflicting interests with another Bidder in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (f) below:

(a) A Bidder has controlling shareholders in common with another Bidder;

(b) A Bidder receives or has received any direct or indirect subsidy from any other Bidder;

(c) A Bidder has the same legal representative as that of another Bidder for purposes of this bid;

7

(d) A Bidder has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization that lends, or temporarily seconds, its personnel to firms or organizations, which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;

(e) A Bidder submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; or

(f) A Bidder who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid.

4.2 In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Bidder, this Clause shall apply to the following persons:

(a) If the Bidder is an individual or a sole proprietorship, to the Bidder himself;

(b) If the Bidder is a partnership, to all its officers and members;

(c) If the Bidder is a corporation, to all its officers, directors, and controlling stockholders; and

(d) If the Bidder is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate.

Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Bidder.

5. Eligible Bidders

5.1 Unless otherwise indicated in the BDS, the following persons shall be eligible to participate in this bidding:

(a) Duly licensed Filipino citizens/sole proprietorships;

8

(b) Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines;

© Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines;

(d) Cooperatives duly registered with the Cooperatives Development Authority (CDA); and

(e) Persons/entities forming themselves into a JV, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%).

5.2 Government corporate entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity.

5.3 Unless otherwise provided in the BDS, the Bidder must have completed at least one contract similar to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, must be at least equivalent to a percentage of the ABC stated in the BDS.

For this purpose, contracts similar to the Project shall be those described in the BDS, and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12.2 (a) (v).

6. Origin of Goods

Unless otherwise indicated in the BDS, there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause 28.

7. Subcontracts

7.1 Unless otherwise specified in the BDS, the Bidder may subcontract portions of the Goods to an extent as may be approved by the Procuring

Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Bidder from any liability or obligation that may arise from the contract for this Project.

7.2 Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the BDS. In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shall be disallowed.

9

7.3. The Bidder may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Bidder opts to disclose the name of the subcontractor during bid submission, the Bidder shall include the required documents as part of the technical component of its

bid.

B. Contents of Bidding Documents

8. Contents

8.1 The Bidding Documents consist of Sections I to VIII which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB Clause 10.

Section I. Invitation to BidSection II. Instructions to BiddersSection III. Bid Data SheetSection IV. General Conditions of ContractSection V. Schedule of RequirementsSection VII. Technical SpecificationsSection VIII. Bidding Forms

8.2 Bidders should note that the Procuring Entity will only accept Bids from Bidders that have purchased the Bidding Documents from the Office indicated in the IAEB.

8.3 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. Unless otherwise indicated in the BDS, failure to furnish all information or documentation required in the Bidding documents shall result in the rejection of the Bid and the disqualification of the Bidder.

9. Pre-Bid Conference

9.1 If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Bidders’ questions on the technical and financial components of this Project.

9.2 Bidders are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity’s requirements. Non-attendance of the Bidder will in no way prejudice its bid; however, the Bidder is expected to know the changes and/or amendments to the Bidding Documents discussed during the pre-bid conference.

9.3Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin.

10

10.Clarification and Amendment of Bidding Documents

10.1 Bidders who have purchased the Bidding Documents may request for clarifications on any part of the Bidding Documents for an interpretation. Such a request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids.

10.2 Supplemental/Bid Bulletins may be issued upon the Procuring Entity’s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shall be identified as an amendment.

10.3 Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Bidders who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Bidders who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 24.

10.4 It shall be the responsibility of all Bidders who secure the Bidding Documents to ensure that they are aware of and secure any Bid Bulletins that may be issued.

C. Preparation of Bids

11. Language of Bid

The bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Procuring Entity, shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid.

12. Eligibility Check

12.1 Unless otherwise indicated in the BDS, prior to Bid opening the Bidder must fist pass an eligibility check. Only after a Bidder has satisfactorily passed this eligibility check will its Bid be included in the Bid opening. A bidder shall include its eligibility documents in a separate envelope marked “Eligibility Documents” and shall be submitted together with the Technical and Financial Bid envelope on or before the deadline specified in the BDS provision for ITB Clause 29.1. At the Bid opening, the Procuring Entity shall first open the envelope marked 'Eligibility

11

Documents”. The eligibility documents are described in the following Clause.

12.2 Eligibility Documents

(a) Class “A” Documents-

Legal Documents

(i) Certified true copy of Registration Certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as stated in the BDS;

(ii) Mayor’s permit issued by the city or municipality where the principal place of business of the prospective bidder is located;

(iii) Taxpayer’s Identification Number;

(iv) Tax Clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR

(v) Sworn Affidavit on Disclosure of Relationship

(vi) Duly Notarized Omnibus Sworn Statement as indicated in Section VIII Bidding Forms

(vii) If applicable, the JVA in case the joint venture agreement is already in existence, or duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful.

(viii) Other appropriate licenses as may be required by the procuring Entity concerned as indicated in the BDS;

Technical Documents

(ix) Statement of the prospective bidders of all its ongoing and completed government and private contracts within the period stated in the BDS, where applicable, including contracts awarded but not yet started as indicated in Section VIII Bidding Forms

(x) Any other document listed in the BDS.

Financial Documents

12

(xi) Audited financial statements, stamped “received” by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission; and

(xii) Prospective Bidder’s computation of its Net Financial Contracting Capacity (NFCC as described in the BDS, or at the Bidder’s option, a commitment from a licensed bank to extend a credit line, in the event of an award in the Bidder’s favor, or at the Bidder’s option a cash deposit certificate, of not less that the amount shown in the BDS;

12.3 If a Bidder has previously secured a Certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class “A” Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clause 12.2.

12.4 The prospective Bidder or its duly authorized representative shall certify under oath that each of the documents submitted in satisfaction of the eligibility requirements is an authentic and original copy, or a true and faithful reproduction or copy of the original, complete, and that all statements and information provided therein are true and correct.

12.5 The Procuring Entity’s eligibility check will be limited to establishing the completeness of each prospective Bidder’s eligibility requirement by determining the presence or absence of the documents required against a checklist of requirements using non-discretionary pass/fail criteria. The eligibility check will not examine the substance of the contents of the documents. If a prospective Bidder submits the specific eligibility document required, it shall be rates as “passed” for that particular requirement. However, failure to submit a requirement or an incomplete or patently insufficient submission shall be considered “failed” for the particular eligibility requirement concerned.

13. Documents Comprising the Bid: Technical Component

13.1 The technical proposal, unless otherwise indicated in the BDS, shall contain the following information:

(a) Authority of the signatory;

(b) Production/delivery schedule;

(c) Manpower requirements, if indicated in the BDS; and

(d) Technical specifications

13.2 Other documents as stated in the BDS

14. Documents Comprising the Bid: Financial Component

13

14.1 Unless otherwise stated in the BDS, the financial component of the bid shall contain the following:

(a) Financial Bid Form, which includes bid prices and the bill of quantities and the applicable Price Schedules, in accordance with ITB Clauses 16.1 and 16.3;

(b) The Bid Security in accordance with ITB Clause 19;

(c) If the Bidder claims preference as a Domestic Bidder or Domestic Entity, a certification from the DTI, SEC, or CDA issued in accordance with ITB Clause 28; and

(d) Any other document required in the BDS.

14.2 Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted.

15. Alternative Bids

Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Bidder in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes.

16. Bid Prices

16.1 The Bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project.

16.2 The Bidder shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Government.

16.3 Prices indicated on the Price Schedule shall be entered separately in the following manner:

For Goods offered from within the Procuring Entity’s country:

(a) The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable:

14

(b) on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory; or

(c) on the previously imported Goods of foreign origin quoted ex warehouse, ex showroom, or off-the-shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the contract is awarded.

(d) The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final destination.

(e) The price of other (incidental) services, if any, listed in the BDS.

16.4 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation or price escalation on any account, unless otherwise specified in the BDS. A bid submitted with an adjustable price quotation shall be treated as non-responsive and shall be rejected, pursuant to ITB Clause 29.

16. 5 All bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances as indicated in the BDS and specified in the GCC and its corresponding SCC provision.

17. Bid Currencies

17.1 Prices shall be quoted in Philippine Pesos.

17. 2 Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos.

18. Bid Validity

18. 1 Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids.

18. 2 In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 19 should also be extended corresponding to the extension of the bid validity period at the least. A Bidder may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Bidder granting the request shall not be required or permitted to modify its bid.

19. Bid Security

19. 1 Pursuant to ITB Clause 14, the Bidder shall furnish, as part of its Bid, a Bid security in the form and amount specified in the BDS. The Procuring Entity shall prescribe the acceptable forms of Bid Security

15

from among the following, from which acceptable forms the bidder may choose:

(a) cash;

(b) cashier's or certified check;

(c) irrevocable letter of credit;

(d) bank guarantee;

(e) surety bond; or

(f) foreign government guarantee.

In case of a bank guarantee, the Bid Security shall be submitted using the Bid Security form included in Section VIII. Sample Forms or another form acceptable to the Procuring Entity. The form must include the complete name of the Bidder.

19.2 The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive.

19.3 No bid securities shall be returned to bidders after the opening of bids and before contract signing, except to those that failed or declared as post-disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, bid securities shall be returned only after the bidder with the Lowest Calculated and Responsive Bid has signed the contract and furnished the performance security, but in no case later than the expiration of the bid security validity period indicated in the BDS.

19.4 Upon signing and execution of the contract pursuant to ITB Clause 33, and the posting of the performance security pursuant to ITB Clause 34, the successful Bidder’s bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause 18.

19.5 The bid security may be forfeited:

(a) if a Bidder:

(i) withdraws its bid during the period of bid validity specified in ITB Clause 18;

(ii) does not accept the correction of errors pursuant to ITB Clause 24;

(iii) fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB; or

16

(iv) any other reason stated in the BDS.

(b) if the successful Bidder:

(i) fails to sign the contract in accordance with ITB Clause 20;

(ii) fails to furnish performance security in accordance with ITB Clause 34; or

(iii) any other reason stated in the BDS.

20. Format and Signing of Bids

20.1 Bidders shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Bidding Forms on or before the deadline specified in the ITB Clause 22 in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12, and the second shall contain the financial component of the bid.

20.2 Forms as mentioned in ITB Clause 20.1 must be completed without any alterations to their format, and no substitute form shall be accepted. All blank spaces shall be filled in with the information requested.

20.3 The Bidder shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12, 13 and14. In the event of any discrepancy between the original and the copies, the original shall prevail.

20.4 The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Bidder.

20.5 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Bidder.

21. Sealing and Marking of Bids

21. 1 Unless otherwise indicated in the BDS, Bidders shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked “ORIGINAL - TECHNICAL COMPONENT”, and the original of their financial component in another sealed envelope marked “ORIGINAL - FINANCIAL COMPONENT”, sealing them all in an outer envelope marked “ORIGINAL BID”.

21. 2 Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as “COPY NO. ___ - TECHNICAL COMPONENT” and “COPY NO. ___ – FINANCIAL COMPONENT”

17

and the outer envelope as “COPY NO. ___”, respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope.

21. 3 The original and the number of copies of the Bid as indicated in the BDS shall be typed or written in indelible ink and shall be signed by the bidder or its duly authorized representative/s.

21. 4 All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the Bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC in accordance with ITB Clause 1.1;

(d) bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening of bids, in accordance with ITB Clause 22.

21.5 If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid.

D. Submission and Opening of Bids

22. Deadline for Submission of Bids

Bids must be received by the Procuring Entity’s BAC at the address and on or before the date and time indicated in the BDS.

23. Late Bids

Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause 22, shall be declared “Late” and shall not be accepted by the Procuring Entity.

24. Modification and Withdrawal of Bids

24.1 The Bidder may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Bidder shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as “TECHNICAL MODIFICATION” or “FINANCIAL MODIFICATION” and stamped “received” by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Bidder unopened.

18

24.2 A Bidder may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids.

24.3 Bids requested to be withdrawn in accordance with ITB Clause 24.1 shall be returned unopened to the Bidders. A Bidder may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Bidder that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract.

24.4 No bid may be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Bidder’s bid security, pursuant to ITB Clause 19.5, and the imposition of administrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR.

25. Opening and Preliminary Examination of Bids

25.1 The BAC shall open the first bid envelopes of Bidders in the presence of Bidders' representatives as specified in the BDS to determine each Bidder’s compliance with the documents prescribed in ITB Clause 12.12 For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present, using a non-discretionary “pass/fail” criterion. If a bidder submits the required document, it shall be rated “passed” for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as “failed”. Otherwise, the BAC shall rate the said first bid envelope as “passed”.

25.2 Immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible bidder whose first bid envelope was rated “passed”. The second envelope of each complying bidder shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause 14.2, the BAC shall rate the bid concerned as “failed”. Only bids that are determined to contain all the bid requirements for both components shall be rated “passed” and shall immediately be considered for evaluation and comparison.

25.3 Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Bidder unopened. If the withdrawing Bidder’s

19

representative is in attendance, the original bid and all copies thereof shall be returned to the representative during the bid opening. If the representative is not in attendance, the bid shall be returned unopened by registered mail. The Bidder may withdraw its bid prior to the deadline for the submission and receipt of bids, provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions.

25.4 If a Bidder has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class “A” Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clauses 12.1 (a) items (i) to (iv).

25.5 A Bidder determined as “failed” has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Bidder concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Bidder signifies his intent to file a motion for reconsideration, the BAC shall keep the bid envelopes of the said failed Bidder unopened and/or duly sealed until such time that the motion for reconsideration or protest has been resolved.

25.7 The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Bidders, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read.

E. Evaluation and Comparison of Bids

26. Process to be Confidential

26.1 Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any bidder regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in the BDS or in the case of ITB Clause 27.

26.2 Any effort by a bidder to influence the Procuring Entity in the Procuring Entity’s decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the Bidder’s bid.

20

27. Clarification of Bids

To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Bidder for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Bidder in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered.

28. Domestic Preference

If the BDS so specifies and for the purpose of comparison of Bids, the Procuring Entity will grant a margin of preference in accordance with the procedures outlined in the BDS.

29. Detailed Evaluation and Comparison of Bids

29.1 The Procuring Entity will undertake the detailed evaluation and comparison of bids which have passed the opening and preliminary examination of bids, pursuant to ITB Clause 25, in order to determine the Lowest Calculated Bid.

29.2 The methodology of evaluation to determine the Lowest Calculated Bid is indicated in the BDS.

29.3 Bids shall be evaluated on an equal footing to ensure fair competition. For this purpose, all bidders shall be required to include in their bids the cost of all taxes, such as, but not limited to, value added tax (VAT), income tax, local taxes, and other fiscal levies and duties which shall be itemized in the bid form and reflected in the detailed estimates. Such bids, including said taxes, shall be the basis for bid evaluation and comparison.

29.4 The Procuring Entity's BAC shall immediately conduct a detailed evaluation of all bids rated “passed,” using non-discretionary pass/fail criteria. Unless otherwise specified in the BDS, the BAC shall consider the following in the evaluation of bids:

(a) Completeness of the bid. Unless the ITB specifically allows partial bids, bids not addressing or providing all of the required items in the Schedule of Requirements including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and

(b) Arithmetical corrections. Consider computational errors and omissions to enable proper comparison of all eligible bids. It may also consider bid modifications, if allowed in the BDS. Any

21

adjustment shall be calculated in monetary terms to determine the calculated prices.

(c) Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered.

29.5 Unless otherwise indicated in the BDS, the Procuring Entity’s evaluation of bids shall only be based on the bid price quoted in the Financial Bid Form.

30. Post-Qualification

30.1 The Procuring Entity shall determine to its satisfaction whether the Bidder that is evaluated as having submitted the Lowest Calculated Bid (LCB) is qualified to perform the contract satisfactorily. The determination shall use non-discretionary 'pass/fail” criteria and in accordance with the criteria listed in ITB Clause 7. In this case the said Bidder's Bid shall be considered and declared the LCB and Responsive Bid.

30.2 The determination shall take into account the Bidder's legal, financial, technical, and production capabilities. It shall be based upon an examination of the documentary evidence of the Bidder's qualifications submitted by the Bidder, pursuant to ITB Clause 14, as well as such other information as the Procuring Entity deems necessary and appropriate.

30.3 An affirmative determination shall be a prerequisite for award of the contract to the Bidder. A negative determination shall result in rejection of the Bidder's Bid, in which event the Procuring Entity shall proceed to the next LCB to make a similar determination of that Bidder's capabilities to perform satisfactorily. If the second Bidder, however, fails the post qualification, the procedure for post qualification shall be repeated for the Bidder with the next LCB, and so on until the Lowest Calculated and Responsive Bid is determined for contract award.

31. Reservation Clause

31.1 Notwithstanding the eligibility or post-qualification of a bidder, the Procuring Entity concerned reserves the right to review its qualifications at any stage of the procurement process if it has reasonable grounds to believe that a misrepresentation has been made by the said bidder, or that there has been a change in the Bidder’s capability to undertake the project from the time it submitted its eligibility requirements. Should such review uncover any

22

misrepresentation made in the eligibility and bidding requirements, statements or documents, or any changes in the situation of the Bidder which will affect its capability to undertake the project so that it fails the preset eligibility or bid evaluation criteria, the Procuring Entity shall consider the said Bidder as ineligible and shall disqualify it from submitting a bid or from obtaining an award or contract.

31.2 Based on the following grounds, the Procuring Entity reserves the right to reject any and all bids, declare a Failure of Bidding at any time prior to the contract award, or not to award the contract, without thereby incurring any liability, and make no assurance that a contract shall be entered into as a result of the bidding:

(a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;

(b) If the Procuring Entity’s BAC is found to have failed in following the prescribed bidding procedures; or

(c) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GOP as follows:

(i) If the physical and economic conditions have significantly changed so as to render the project no longer economically, financially or technically feasible as determined by the head of the procuring entity;

(ii) If the project is no longer necessary as determined by the head of the procuring entity; and

(iii) If the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.

31.3 In addition, the Procuring Entity may likewise declare a failure of bidding when:

(a) No bids are received;

(b) All prospective bidders are declared ineligible;

© All bids fail to comply with all the bid requirements or fail post-qualification; or

(d) The bidder with the Lowest Calculated Responsive Bid (LCRB) refuses, without justifiable cause to accept the award of contract, and no award is made.

23

F. Award of Contract

32. Contract Award

32.1 Subject to ITB Clause 30, the Procuring Entity shall award the contract to the Bidder whose bid has been determined to be the LCRB.

32.2 Prior to the expiration of the period of bid validity, the Procuring Entity shall notify the successful Bidder in writing that its bid has been accepted, through a Notice of Award received personally or sent by registered mail or electronically, receipt of which must be confirmed in writing within two (2) days by the Bidder with the LCRB and submitted personally or sent by registered mail or electronically to the Procuring Entity.

32.3 Notwithstanding the issuance of the Notice of Award, award of contract shall be subject to the following conditions:

(a) Submission of the valid JVA, if applicable, within ten (10) calendar days from receipt by the Bidder of the notice from the BAC that the Bidder has the LCRB;

(b) Posting of the performance security in accordance with ITB Clause 34;

(c) Signing of the contract as provided in ITB Clause 33; and

(d) Approval by higher authority, if required.

32.4 At the time of contract award, the Procuring Entity shall not increase or decrease the quantity of goods originally specified in Section VI. Schedule of Requirements.

33. Signing of the Contract

33.1 At the same time as the Procuring Entity notifies the successful Bidder that its bid has been accepted, the Procuring Entity shall send the Contract Form to the Bidder, which contract has been provided in the Bidding Documents, incorporating therein all agreements between the parties.

33.2 Within ten (10) calendar days from receipt of the Notice of Award, the successful Bidder shall post the required performance security and sign and date the contract and return it to the Procuring Entity.

33.3 The Procuring Entity shall enter into contract with the successful Bidder within the same ten (10) calendar day period provided that all the documentary requirements are complied with.

33.4 The following documents shall form part of the contract:

(a) Contract Agreement;

24

(b) Bidding Documents;

(c) Winning bidder’s bid, including the Technical and Financial Proposals, and all other documents/statements submitted;

(d) Performance Security;

(e) Notice of Award of Contract; and

(f) Other contract documents that may be required by existing laws and/or specified in the BDS.

34. Performance Security

34.1 To guarantee the faithful performance by the winning Bidder of its obligations under the contract, it shall post a performance security indicated in the BDS within a maximum period of ten (10) calendar days from the receipt of the Notice of Award from the Procuring Entity and in no case later than the signing of the contract.

34.2 The performance security shall be denominated in Philippine Pesos and posted in favor of the Procuring Entity in an amount equal to the percentage of the total contract price in accordance with the following schedule:

Form of Performance SecurityAmount of Performance Security(Equal to Percentage of the Total

Contract Price)(a) Cash or cashier’s/manager’s check issued by a Universal or Commercial Bank.

Five percent (5%)

(b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank.(c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security; and/or

Thirty percent (30%)

(d) Any combination of the foregoing.

Proportionate to share of form with respect to total amount of

security

34.3 Failure of the successful Bidder to comply with the above-mentioned requirement shall constitute sufficient ground for the annulment of the

25

award and forfeiture of the bid security, in which event the Procuring Entity shall initiate and complete the post qualification of the second Lowest Calculated Bid. The procedure shall be repeated until the LCRB is identified and selected for contract award. However if no Bidder passed post-qualification, the BAC shall declare the bidding a failure and conduct a re-bidding with re-advertisement.

35. Notice to Proceed

35.1 Within three (3) calendar days from the date of approval of the contract by the appropriate government approving authority, the Procuring Entity shall issue its Notice to Proceed to the Bidder.

35.2 The date of the Bidder’s receipt of the Notice to Proceed will be regarded as the effective date of the contract, unless otherwise specified in the BDS.

26

SECTION III. BID DATA SHEET

Clause1.1 The Procuring Entity is the Board of Investments1.2 The name of the Project is:

Lease of Private Automatic Branch Exchange (PABX) System2.1 The Funding Source is:

The Government of the Philippines (GOP) through the General Appropriations Act for CY 2015 to CY 2020 per Multi-Year Obligation Authority (MYOA) issued by the DBM in the amount of Sixteen Million Pesos (Php 16,000,000.00)

7.1, 7.2 & 7.3 No further instructions.8.3 No further instructions.9.1 A Pre-bid Conference is scheduled on September 1, 2015 at the

2nd Floor Conference Room Industry and Investments Bldg., 385 Sen Gil J Puyat Ave Makati City 1200

10.1 Any request for clarification must be submitted at least 10 days before September 4, 2015

The Procuring Entity's address is:

Industry and Investments Building385 Sen Gil J Puyat Ave Makati City 1200

12.1 No further instructions12.2 a

12.2 a (vii)

Tax Clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the BIR

Sworn Affidavit on Disclosure of Relationship

Statement of all its ongoing and completed government and private contracts within a period of five (5) years.

12.2 a (viii) No further instructions.

13.2 Other documents that must be submitted and included in the Technical Component:

1. Statement containing the following information:

a. Company Profile and Organizational Structure

b. Permanent local office

c. Main business line/product line and major divisions and support offices

d. Number of people employed and their general job description (related to the project)

27

e. List of Clients wherein the Company has previously provided similar services as well as references that the Vendor had ongoing or completed engagements of similar nature to the proposed solution indicating the contact persons, contact information, type of engagement and date of contract for previous engagements of similar nature

2. Length of experience/Track Record

16.4 Bid prices shall be fixed. Adjustable price proposals shall be treated as non-responsive and shall be rejected.

16.5 & 17.2 No further instructions.18.1 Bids will be valid until January 11, 2016

(not to exceed 120 calendar days from the date of the opening of bids)

19.1 The bid security shall be any of the following:

1. cash, certified check, cashier's check, manager's check, bank draft or irrevocable letter of credit 320,000.00

2. bank guarantee 320,000.00 (16,000,000.00 x 2%) or3. surety bond 800,000.00 (16,000,000.00 x 5%)4. bid securing declaration

The bid security shall be placed inside the Financial Component Envelope.

19.2The Bid security shall be valid until January 11, 2016

28

19.5 a (iv)

19.5b (iii)

1. Submission of eligibility requirements containing false information or falsified documents.

2. Submission of Bids that contain false information or falsified documents, or the concealment of such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the public bidding.

3. Allowing the use of one's name, or using the name of another for purposes of public bidding.

4. Withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Bidder had been adjudged as having submitted the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.

5. Refusal to clarify or validate in writing its Bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification.

6. Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor.

7. All other acts that tend to defeat the purpose of the competitive bidding, such as an eligible contractor not buying bid documents, and contractors habitually withdrawing from bidding or submitting letters of non-participation for at least three (3) times within a year, except for valid reasons.

21.1 & 21.2 Marking and Sealing of Bids shall be as follows:

I. ELIGIBILITY CHECK

The original of the eligibility documents indicated in ITB Clause 12.2 shall be enclosed in one sealed envelope each marked “Legal”, “Technical” and “Financial”, sealing them all in one single envelope and marked “ELIGIBILITY”.

Insufficiency, incompleteness or absence of any one of the documents will result in ineligibility. Only bidders with complete documents shall be eligible for evaluation of their technical capability/methodology proposal.

II. TECHNICAL COMPONENT

The Technical Capability/Methodology proposal (together with implementation timetable and value added services) shall be submitted in three (3) copies – one (1) original and two (2) photocopies. The original shall be sealed in a separate envelope and marked “ORIGINAL BID- TECHNICAL”.

Each of the two other copies shall be sealed and marked as “COPY NO. ___”, respectively. These envelopes and the envelope marked “ORIGINAL BID-TECHNICAL shall then be enclosed in

29

one single envelope and marked “TECHNICAL”.

III. FINANCIAL COMPONENT

The financial proposal (Bid Price) shall be submitted in three (3) copies – one (1) original and two (2) photocopies. The original shall be sealed in a separate envelope and marked “ORIGINAL BID- FINANCIAL”.

Each of the two other copies shall be sealed and marked as “COPY NO. ___”, respectively. These envelopes and the envelope marked “ORIGINAL BID-FINANCIAL shall then be enclosed in one single envelope and marked “FINANCIAL”.

22 The Address for Submission of Bids is:

2nd Floor Conference Room Industry and Investments Building385 Sen. Gil J Puyat Ave Makati City 1200

The deadline for Submission of Bids is September 14, 2015 at 9:00 a.m.

25.1 The place of Bid opening is at:

2nd Floor Conference Room Industry and Investments Building385 Sen Gil J Puyat Ave Makati City 1200

The date and time of Bid opening is September 14, 2015 at 9:30 a.m.

26.1 No further instructions.28 Not applicable.29.2 The Lowest Calculated Bid shall be determined in two steps:

(a) The detailed evaluation of the financial component of the bids, to establish the correct calculated prices of the bids; and

(b) The ranking of the total bid prices as so calculated from the lowest to the highest. The bid with the lowest price shall be identified as the Lowest Calculated Bid.

To determine the Lowest Calculated Bid, after the preliminary examination of bids, the BAC shall immediately conduct a detailed evaluation of all bids rated “passed”, using a non-discretionary criteria, as stated in the IAEB and the ITB, which shall include a consideration of the following:

(a) The bid must be complete. Except in case of partial Bids, bids not addressing or providing all of the required items in the bidding documents including, where applicable, bill of quantities, shall be

30

considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as non-responsive, but specifying a “0” (zero) for the said item would mean that it is being offered for free to the Procuring Entity; and

(b) Minor arithmetical corrections to consider computational errors, omissions and discounts to enable proper comparison of all eligible bids. Any adjustment shall be calculated in monetary terms to determine the calculated prices.

Based on the detailed evaluation of bids, those that comply with the above-mentioned requirements shall be ranked in the ascending order of their total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, to identify the Lowest Calculated Bid. Total calculated bid prices, as evaluated and corrected for computational errors, discounts and other modifications, which exceed the ABC shall not be considered.

29.5 CRITERIA AND EVALUATIONNo further instructions.

33.4 (f) No further instructions.34.1 The performance security shall be any of the following:

1. Cash, certified check, cashier's check, manager's check, bank draft or irrevocable letter of credit 800,000.00 (16,000,000.00 x 5%)

2. Surety bond 4,800,000.00 (16,000,000.00 x 30%)

35.2 The effective date of the Contract is the date indicated in the Notice to Proceed.

31

Section IV. General Conditions of Contract

TABLE OF CONTENTS

1. Definitions 332. Corrupt, Fraudulent, Collusive, and Coercive Practices 343. Inspection and Audit by the Funding Source 354. Governing Law and Language 355. Notices 35 6. Scope of Contract 357. Subcontracting 368. Prices 369. Payment 3610.Taxes and Duties 3711.Performance Security 3712.Use of Contract Documents and Information 3713.Standards 3814. Inspection and Tests 3815.Warranty 3916.Delays in the Supplier’s Performance 3917.Liquidated Damages 4018.Settlement of Disputes 4019.Liability of the Supplier 4120.Force Majeure 4121.Termination of Default 4122.Termination for Insolvency 4223.Termination for Convenience 4224.Termination for Unlawful Acts 4325.Procedures for Termination of Contracts 4326.Assignment of Rights 4527.Contract Amendment 4528.Application 45

32

1. Definitions

1.1In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Procuring Entity and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

© “The Goods” means all of the supplies, equipment, machinery, spare parts, other materials and/or general support services which the Supplier is required to provide to the Procuring Entity under the Contract.

(d) “The Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract.

(e) “GCC” means the General Conditions of Contract contained in this Section.

(f) “SCC” means the Special Conditions of Contract.

(g) “The Procuring Entity” means the organization purchasing the Goods, as named in the SCC.

(h) “The Procuring Entity’s country” is the Philippines.

(i) “The Supplier” means the individual contractor, manufacturer distributor, or firm supplying/manufacturing the Goods and Services under this Contract and named in the SCC.

(j) The “Funding Source” means the organization named in the SCC.

(k) “The Project Site,” where applicable, means the place or places named in the SCC.

(l) “Day” means calendar day.

(m) The “Effective Date” of the contract will be the date of receipt by the Supplier of the Notice to Proceed or the date provided in the

Notice to Proceed. Performance of all obligations shall be reckoned from the Effective Date of the Contract.

33

(n) “Verified Report” refers to the report submitted by the Implementing Unit to the Head of the Procuring Entity setting forth its findings as to the existence of grounds or causes for termination and explicitly stating its recommendation for the issuance of a Notice to Terminate.

2. Corrupt, Fraudulent, Collusive, and Coercive Practices

2.1 The Procuring Entity as well as the bidders, contractors, or suppliers shall observe the highest standard of ethics during the procurement and execution of this Contract. In pursuance of this policy, the Procuring Entity:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) "corrupt practice" means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in Republic Act 3019.

(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

(iii) “collusive practices” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels.

(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract;

34

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in any of the practices mentioned in this Clause for purposes of competing for the contract.

2.2Further the Funding Source, Borrower or Procuring Entity, as appropriate, will seek to impose the maximum civil, administrative and/or criminal penalties available under the applicable law on individuals and organizations deemed to be involved with any of the .

2.3 practices mentioned in GCC Clause 2.1 (a).

3. Inspection and Audit by the Funding Source

The Supplier shall permit the Funding Source to inspect the Supplier’s accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Funding Source, if so required by the Funding Source.

4. Governing Law and Language

4.1 This Contract shall be interpreted in accordance with the laws of the Republic of the Philippines.

4.2 This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All correspondence and other documents pertaining to this Contract exchanged by the parties shall be written in English.

5. Notices

5.1 Any notice, request, or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request, or consent shall be deemed to have been given or made when received by the concerned party, either in person or through an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram, or facsimile to such Party at the address specified in the SCC, which shall be effective when delivered and duly received or on the notice’s effective date, whichever is later.

5.2 A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SCC for GCC Clause 5.1.

6. Scope of Contract

6.1 The GOODS and Related Services to be provided shall be as specified in Section VI. Schedule of Requirements.

35

6.2 This Contract shall include all such items, although not specifically mentioned, that can be reasonably inferred as being required for its completion as if such items were expressly mentioned herein. Any additional requirements for the completion of this Contract shall be provided in the SCC.

7. Subcontracting

7.1 Subcontracting of any portion of the Goods, if allowed in the BDS, does not relieve the Supplier of any liability or obligation under this Contract. The Supplier will be responsible for the acts, defaults, and negligence of any subcontractor, its agents, servants or workmen as fully as if these were the Supplier’s own acts, defaults, or negligence, or those of its agents, servants or workmen.

7.2 Subcontractors disclosed and identified during the bidding may be changed during the implementation of this Contract, subject to compliance with the required qualifications and the approval of the Procuring Entity.

8. Prices

Prices charged by the Supplier for Goods delivered and/or services performed under this Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any change in price resulting from a Change Order issued in accordance with GCC Clause 27, or if applicable, adjustments authorized in accordance with the price adjustment provisions specified in the SCC.

9. Payment

9.1 Unless otherwise specified in the SCC, payments shall be made only upon a certification by the Head of the Procuring Entity to the effect that the Goods have been rendered or delivered in accordance with the terms of this Contract and have been duly inspected and accepted. Except with the prior approval of the President no payment shall be made for services not yet rendered or for supplies and materials not yet delivered under this Contract. Ten percent (10%) of the amount of each payment shall be retained by the Procuring Entity to cover the Supplier’s warranty obligations under this Contract as described in GCC Clause 15.

9.2 The Supplier’s request(s) for payment shall be made to the Procuring Entity in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and/or Services performed, and by documents submitted pursuant to the SCC provision for GCC Clause 6.2, and upon fulfillment of other obligations stipulated in this Contract.

36

9.3 Pursuant to GCC Clause 9.2, payments shall be made promptly by the Procuring Entity, but in no case later than sixty (60) days after submission of an invoice or claim by the Supplier.

9.4 Unless otherwise specified in the SCC, the currency in which payment is made to the Supplier under this Contract shall be in Philippine Pesos.

10. Taxes and Duties

The Supplier, whether local or foreign, shall be entirely responsible for all the necessary taxes, stamp duties, license fees, and other such levies imposed for the completion of this Contract.

11. Performance Security

11.1 Unless otherwise specified in the SCC, within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties, the successful Bidder shall furnish the performance security in any the forms prescribed in the ITB Clause 34.2.

11.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the winning bidder is in default in any of its obligations under the contract.

11.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance.

11.4 Unless otherwise specified in the SCC , the performance security may be released by the Procuring Entity and returned to the Supplier after the issuance of the Certificate of Final Acceptance subject to the following conditions:

(a) There are no pending claims against the Supplier or the surety company filed by the Procuring Entity;

(b) The Supplier has no pending claims for labor and materials filed against it; and

(c) Other terms specified in the SCC.

11.5 In case of a reduction of the contract value, the Procuring Entity shall allow a proportional reduction in the original performance security, provided that any such reduction is more than ten percent (10%) and that the aggregate of such reductions is not more than fifty percent (50%) of the original performance security.

12. Use of Contract Documents and Information

12.1 The Supplier shall not, except for purposes of performing the obligations in this Contract, without the Procuring Entity’s prior written

37

consent, disclose this Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Procuring Entity. Any such disclosure shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

12.2 Any document, other than this Contract itself, enumerated in GCC Clause 12.1 shall remain the property of the Procuring Entity and shall be returned (all copies) to the Procuring Entity on completion of the Supplier’s performance under this Contract if so required by the Procuring Entity.

13. Standards

The Goods provided under this Contract shall conform to the standards mentioned in Section VII. Technical Specifications; and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the institution concerned.

14. Inspection and Tests

14.1 The Procuring Entity or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Procuring Entity. The SCC and Section VII. Technical Specifications shall specify what inspections and/or tests the Procuring Entity requires and where they are to be conducted. The Procuring Entity shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes.

14.2 If applicable, the inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Procuring Entity.

14.3 The Procuring Entity or its designated representative shall be entitled to attend the tests and/or inspections referred to in this Clause provided that the Procuring Entity shall bear all of its own costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

14.4 The Procuring Entity may reject any Goods or any part thereof that fail to pass any test and/or inspection or do not conform to the specifications. The Supplier shall either rectify or replace such rejected Goods or parts thereof or make alterations necessary to meet the specifications at no cost to the Procuring Entity, and shall repeat the test and/or inspection, at no cost to the Procuring Entity, upon giving a notice pursuant to GCC Clause 5.

38

14.5 The Supplier agrees that neither the execution of a test and/or inspection of the Goods or any part thereof, nor the attendance by the Procuring Entity or its representative, shall release the Supplier from any warranties or other obligations under this Contract.

15. Warranty

15.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials, except when the technical specifications required by the Procuring Entity provides otherwise.

15.2 The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination.

15.3 In order to assure that manufacturing defects shall be corrected by the Supplier, a warranty shall be required from the Supplier for a minimum period specified in the SCC. The obligation for the warranty shall be covered by, at the Supplier’s option, either retention money in an amount equivalent to at least ten percent (10%) of every progress payment, or a special bank guarantee equivalent to at least ten percent (10%) of the Contract Price or other such amount if so specified in the SCC. The said amounts shall only be released after the lapse of the warranty period specified in the SCC ; provided, however, that the Supplies delivered are free from patent and latent defects and all the conditions imposed under this Contract have been fully met.

15.4 The Procuring Entity shall promptly notify the Supplier in writing of any claims arising under this warranty. Upon receipt of such notice, the Supplier shall, within the period specified in the SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without cost to the Procuring Entity.

15.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in GCC Clause 15.4, the Procuring Entity may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Procuring Entity may have against the Supplier under the Contract and under the applicable law.

16. Delays in the Supplier’s Performance

16.4 Delivery of the Goods and/or performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Procuring Entity in Section VI. Schedule of Requirements.

39

16.5 If at any time during the performance of this Contract, the Supplier or its Subcontractor(s) should encounter conditions impeding timely delivery of the Goods and/or performance of Services, the Supplier shall promptly notify the Procuring Entity in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, and upon causes provided for under GCC Clause 20, the Procuring Entity shall evaluate the situation and may extend the Supplier’s time for performance, in which case the extension shall be ratified by the parties by amendment of Contract.

16.6 Except as provided under GCC Clause 20, a delay by the Supplier in the performance of its obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 17, unless an extension of time is agreed upon pursuant to GCC Clause 27 without the application of liquidated damages.

17. Liquidated Damages

Subject to GCC Clauses 16 and 20, if the Supplier fails to satisfactorily deliver any or all of the Goods and/or to perform the Services within the period(s) specified in this Contract inclusive of duly granted time extensions if any, the Procuring Entity shall, without prejudice to its other remedies under this Contract and under the applicable law, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in the SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in the SCC. Once the maximum is reached, the Procuring Entity shall rescind the Contract pursuant to GCC Clause 21, without prejudice to other courses of action and remedies open to it.

18. Settlement of Disputes

18.1 If any dispute or difference of any kind whatsoever shall arise between the Procuring Entity and the Supplier in connection with or arising out of this Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

18.2 If after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Procuring Entity or the Supplier may give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given.

18.3 Any dispute or difference in respect of which a notice of intention to commence arbitration has been given in accordance with this Clause shall be settled by arbitration. Arbitration may be commenced prior to or after delivery of the Goods under this Contract.

40

18.4 Arbitration proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

18.5 Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and the Procuring Entity shall pay the Supplier any monies due the Supplier.

19. Liability of the Supplier

19.1 Subject to additional provisions, if any, set forth in the SCC, the Supplier’s liability under this Contract shall be as provided by the laws of the Republic of the Philippines.

19.2 Except in cases of criminal negligence or willful misconduct, and in the case of infringement of patent rights, if applicable, the aggregate liability of the Supplier to the Procuring Entity shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

20. Force Majeure

20.1 The Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of a force majeure.

20.2 For purposes of this Contract the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event or force majeure shall be interpreted to mean an event which the Contractor could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the Contractor.

20.3 If a force majeure situation arises, the Supplier shall promptly notify the Procuring Entity in writing of such condition and the cause thereof. Unless otherwise directed by the Procuring Entity in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure.

21. Termination for Default

21.1 The Procuring Entity shall terminate this Contract for default when any of the following conditions attends its implementation:

(a) Outside of force majeure, the Supplier fails to deliver or perform any or all of the Goods within the period(s) specified in the contract, or within any extension thereof granted by the Procuring Entity pursuant to a request made by the Supplier

41

prior to the delay, and such failure amounts to at least ten percent (10%) of the contact price;

(b) As a result of force majeure, the Supplier is unable to deliver or perform any or all of the Goods, amounting to at least ten percent (10%) of the contract price, for a period of not less than sixty (60) calendar days after receipt of the notice from the Procuring Entity stating that the circumstance of force majeure is deemed to have ceased; or

© The Supplier fails to perform any other obligation under the Contract.

21.2 In the event the Procuring Entity terminates this Contract in whole or in part, for any of the reasons provided under GCC Clauses 21 to 24, the Procuring Entity may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Procuring Entity for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of this Contract to the extent not terminated.

21.3 In case the delay in the delivery of the Goods and/or performance of the Services exceeds a time duration equivalent to ten percent (10%) of the specified contract time plus any time extension duly granted to the Supplier, the Procuring Entity may terminate this Contract, forfeit the Supplier's performance security and award the same to a qualified Supplier.

22. Termination for Insolvency

The Procuring Entity shall terminate this Contract if the Supplier is declared bankrupt or insolvent as determined with finality by a court of competent jurisdiction. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Procuring Entity and/or the Supplier.

23. Termination for Convenience

23.1 The Procuring Entity may terminate this Contract, in whole or in part, at any time for its convenience. The Head of the Procuring Entity may terminate a contract for the convenience of the Government if he has determined the existence of conditions that make Project Implementation economically, financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous event(s) or changes in law and national government policies.

23.2 The Goods that have been delivered and/or performed or are ready for delivery or performance within thirty (30) calendar days after the Supplier’s receipt of Notice to Terminate shall be accepted by the

42

Procuring Entity at the contract terms and prices. For Goods not yet performed and/or ready for delivery, the Procuring Entity may elect:

(a) to have any portion delivered and/or performed and paid at the contract terms and prices; and/or

(b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed and/or performed goods and for materials and parts previously procured by the Supplier.

23.3 If the Supplier suffers loss in its initial performance of the terminated contract, such as purchase of raw materials for goods specially manufactured for the Procuring Entity which cannot be sold in open market, it shall be allowed to recover partially from this Contract, on a quantum meruit basis. Before recovery may be made, the fact of loss must be established under oath by the Supplier to the satisfaction of the Procuring Entity before recovery may be made.

24. Termination for Unlawful Acts

24.1 The Procuring Entity may terminate this Contract in case it is determined prima facie that the Supplier has engaged, before or during the implementation of this Contract, in unlawful deeds and behaviors relative to contract acquisition and implementation. Unlawful acts include, but are not limited to, the following:

(a) Corrupt, fraudulent, and coercive practices as defined in ITB Clause 3.1 (a);

(b) Drawing up or using forged documents;

(c) Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade; and

(d) Any other act analogous to the foregoing.

25. Procedures for Termination of Contracts

25.1 The following provisions shall govern the procedures for termination of this Contract:

(a) Upon receipt of a written report of acts or causes which may constitute ground(s) for termination as aforementioned, or upon its own initiative, the Implementing Unit shall, within a period of seven (7) calendar days, verify the existence of such ground(s) and cause the execution of a Verified Report, with all relevant evidence attached;

(b) Upon recommendation by the Implementing Unit, the Head of the Procuring Entity shall terminate this Contract only by a written notice to the Supplier conveying the termination of this Contract. The notice shall state:

43

(i) that this Contract is being terminated for any of the ground(s) afore-mentioned, and a statement of the acts that constitute the ground(s) constituting the same;

(ii) the extent of termination, whether in whole or in part;

(iii) an instruction to the Supplier to show cause as to why this Contract should not be terminated; and

(iv) special instructions of the Procuring Entity, if any.

(c) The Notice to Terminate shall be accompanied by a copy of the Verified Report;

(d) Within a period of seven (7) calendar days from receipt of the Notice of Termination, the Supplier shall submit to the Head of the Procuring Entity a verified position paper stating why this Contract should not be terminated. If the Supplier fails to show cause after the lapse of the seven (7) day period, either by inaction or by default, the Head of the Procuring Entity shall issue an order terminating this Contract;

(e) The Procuring Entity may, at anytime before receipt of the Supplier’s verified position paper to withdraw the Notice to Terminate if it is determined that certain items or works subject of the notice had been completed, delivered, or performed before the Supplier’s receipt of the notice;

(f) Within a non-extendible period of ten (10) calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall decide whether or not to terminate this Contract. It shall serve a written notice to the Supplier of its decision and, unless otherwise provided, this Contract is deemed terminated from receipt of the Supplier of the notice of decision. The termination shall only be based on the ground(s) stated in the Notice to Terminate;

(g) The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity; and

(h) The Supplier must serve a written notice to the Procuring Entity of its intention to terminate the contract at least thirty (30) calendar days before its intended termination. The Contract is deemed terminated if it is not resumed in thirty (30) calendar days after the receipt of such notice by the Procuring Entity.

44

26. Assignment of Rights

The Supplier shall not assign his rights or obligations under this Contract, in whole or in part, except with the Procuring Entity’s prior written consent.

27. Contract Amendment

Subject to applicable laws, no variation in or modification of the terms of this Contract shall be made except by written amendment signed by the parties.

28. Application

These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of this Contract.

45

Section V. Special Conditions of Contract

SPECIAL CONDITIONS OF CONTRACT

46

Section VI. Schedule of Requirements

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of delivery to the project site.

Item Number

Description Quantity Total Delivered, Weeks/Months

47

Section VII. Technical Specifications

TERMS OF REFERENCE

LEASE OF PRIVATE AUTOMATIC BRANCH EXCHANGE (PABX) SYSTEM

I. Rationale:

The Board of Investments (BOI) in pursuit of its vision of a country with competitive industries providing stable job opportunities by 2016 is seeking for solutions providers that could provide the key to address its present telecommunication needs.

The BOI is seeking to fulfill its mandated functions specifically: To develop an effective industrial development and investment promo-

tion strategy for the country. Build effective partnerships to promote the growth of industries/sectors;

formulate policies to promote a business-friendly environment. Target, anticipate, and generate investments by applying effective mar-

keting tools and approaches. Facilitate investment services to meet client needs.

All of these functions can be realized more efficiently and effectively if the right telecommunications infrastructure is in place and used as a service delivery tool for its clients and stakeholders.

II. The Project:

Scope of Work

1. Deliver all required equipment for the PABX System including the PABX Server, IP Phones, Network Switches, and UPS.

2. Delivery, installation, and testing of a complete network cabling in-frastructure.2.1Furnish and install a complete telecommunications Category 6

(CAT 6) structured cabling system. This will include 195 ports distributed at 7 floors of the BOI building including penthouse and basement.

2.2Provide additional drops to be installed as required.2.3 Identify, document, and label all network infrastructure.2.4 Install and label racks, patch panels, faceplates, and cables2.5Test results of cabling system2.6Document the network infrastructure.

3. PABX equipment hardware setup and mounting3.1PABX main system installation3.2Install UPS3.3Jumpering/patching (extensions, trunks, and PFT)

48

3.4Voice mail configuration (configuration of auto attendant applica-tion)

4. PABX software configuration4.1Extension assignment with phone set features required4.2Trunk assignment4.3Dialing and call route configuration

5. Upgrading of Telephone trunk lines from 13 analog to 2xE1 PRI ISDN trunks.

6. Telephone set installation and testing7. Provide at least three (3) session of skill transfer for softphone in-

stallation for personnel designated by BOI.8. Provide standard documentation including basic installation plan, in

Word/Excel/PDF format.9. Provide manufacturer’s manual and user guide in electronic format.10.Dismantling the old analog PABX system and accessories such as

MDF/cabling etc. and phone set collection.11.Training of five (5) Administrators on configuration, testing, and

troubleshooting, continuity and when the need arises.12.Training all Users on usage and general functionalities of end user

phones

CONTRACTOR RESPONSIBILITIES

Throughout the course of this project, the contractor shall:1. Adhere to all zoning and code regulations in effect at the site.2. Conduct their efforts in such a way as to eliminate safety risks re-

sulting from the implementation (e.g. marking/barricading corridors).3. Repair any damage to building finishes, fixtures, systems, land-

scaping or other site features as a result of cable installation. The installation of cabling will occur in an existing building with finished walls, floors, and ceilings, and around existing electrical, mechani-cal, safety, and other systems.

WARRANTY

All workmanship furnished by the contractor whether design, data or information shall be reviewed and approved by BOI and UPITDC to ensure the best quality of their respective kinds, and to be free from faulty design and workmanship.

Contractors shall warrant that all work shall comply with all warranties, guarantees and building requirements, which are imposed by BOI or by the Philippine Government rules, regulations, or codes. The base warranty period begins upon BOI’s written acceptance at the site.

Equipment should be covered by a five (5) year warranty on parts and ser-vices under normal wear and tear.

The structured cabling system should have a minimum warranty of twenty five (25) years.

49

SAFETY AND ACCIDENT PREVENTIONIn performing work under this project, the contractor shall:

1. Conform to the specific safety requirements established by this con-tract.

2. Comply with the safety rules of the government installation the con-cern related activities not directly addressed in this TOR.

3. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of personnel directly or indirectly in-volved in the performance of this project.

4. Take such additional immediate precautions as may be required for safety and accident prevention purposes.

III. Specifications:

A. IP PABX (1 Lot)

IP PABX must have the following specifications:

rack mount, at least 1U form factor Intel based processor or equivalent (minimum 2.33Ghz) at least 16Gb Memory at least 2 x 300 Gb, 10k rpm Hard Drive with raid support (RAID

1 or RAID 5)

Features should include the following: should support, digital, IP and SIP endpoints should scale up to 750 IP users/extensions (H.323, SIP, IP

DECT, WiFi, SIP ATA) should support SIP and H.323 protocols voice compression standards such as G.729 and G.711 should

be supported should support voice recording should include rack mount Uninterruptible Power Supply (UPS)

with the following specifications:o (1) unit rack mount, 2U form factor, 2200VA, 1980Watts,

Output 230V or better UPS, with interface DB-9 RS 232, Smartslot, USB

o Should be configured to interface with the server to allow auto-shutdown and boot-up

should provide, at the least, caller ID, hold music, park, call transfer, call forwarding, and call conferencing

should include customizable/programmable Interactive Voice Response system.

should support Unified Messaging and Video Conferencing (soft-ware based, should support devices like laptops and smart-phones). Should support h.264 and h.460 protocols

should have a feature that allows a preconfigured phone (or a softphone from a laptop or smart phone) to call phones inside the company network from anywhere using an Internet connec-

50

tion. At least 10 users/licenses.

B. IP Phones

1. Phone for Conference Room (1 unit)

The IP phone shall be used for the Conference Room at the Pent-house with the following specifications:

Monochrome digital display Built-in hard buttons (for volume, speaker, mute, contacts,

history,etc.) Omnidirectional Microphone Programmable keys to setup up conference call easily Interface with external speaker and microphone Speakerphone POE capable Fast Ethernet interface Supports SIP and H.323 protocols

2. Phones for Staff (148 units)

These IP phones are intended for general purpose use by the staff and should have the specifications:

Digital display Fixed feature buttons Speakerphone Voice mail indicator Desk or wall mount POE capable (2) Fast Ethernet interface Supports SIP and H.323 protocol

3. Phone for Operator (1 unit)

Digital displayUp to 16 feature key buttons (programmable)Indicator for message waitingFixed position wedge standBuilt-in hard buttons (for Volume, message, menu, contacts,

call, redial, hold, mute, conference, etc.)SpeakerphoneOptional user login with password entry(2) Fast Ethernet interfacePOE Capable Supports SIP and H.323 protocols

C. Structured Cabling

51

In order to take full advantage of the features of the IP PABX System, a new structured cabling system must be installed.

Materials, labor, equipment, and services necessary should be pro-vided to finish, deliver, install, and test 150 nodes for voice communica-tion. For the horizontal cabling of all 150 nodes of voice, at least UTP Category 6 cabling should be supplied, delivered, and installed. It should support 10Mbps/100Mbps/1000Mpbs/10Gbps implementation standards following the EIA/TIA 568B.2-1 specifications for 100 Ohm Category 6 cabling. Supply, delivery, and installation of UTP compo-nents such as patch panel, network outlets, faceplate, patch cords, and cable organizers should also be included along with the UTP Cabling. Termination and testing of UTP Cabling should be based on industry standards. Testing results shall form part of the AS-built documentation to be submitted upon completion of the project.

Endorsement by UPITDC and acceptance of test results by BOI is a re-quirements that must be satisfied by the contractor.

The work included under this TOR consists of furnishing labor, equipment, materials, and supplies and performing operations necessary to complete the installation of a structured cabling system in compliance with provided specifications and drawings. The contractor shall provide and install the required material to complete this project, which may include activities that have not been specifically identified in this TOR. The work shall include, though may not be limited to the following:

1. Furnish and install a complete telecommunications Category 6 (CAT 6) structured cabling system. This will include 150 ports distributed at 7 floors of the BOI building including penthouse and basement.

2. Furnish and install hardware necessary to complete the Telecom-munications room and all other floors in the BOI building.

3. Support strands shall be used as necessary for all infrastructure ca-ble.

4. Furnish, install, terminate and label all cables per provided guide-lines.

5. Furnish, install, and label all required Telecommunications cabinets and/or racks per provided guidelines.

6. Provide wiring management for each patch panel regardless of lo-cation of installation.

7. Furnish and install all required material to complete the cable plant installation.

8. Ensure all installations and terminations are consistent with estab-lished standards and practices.

9. Furnish test results of all cabling to BOI in soft copy and hard copy.10.Ensure all performance testing are carried out consistent with estab-

lished standards and practices and using approved tools and equip-ment.

11.Adhere and comply with all requirements of manufacturer’s warranty

52

program.12.Coordinate installation schedule with the BOI PABX Technical

Working Group

At the end of the workday, the contractor shall ensure that each space that has been worked in shall be left in “Broom Clean” condition. Broom clean is defined as being swept up to remove any debris produced dur-ing the installation process. During installation, the contractor must pro-tect the work areas from debris and damage from installation activities.

Each floor of the BOI building except the 4 th floor (DTI floor), pent-house, and basement will be installed with a standard 42U closed data cabinet with racks, patch panel, patch cords, and cable managers. (*Note: subject to change depending on the area the enclosed rack is located. If a standard 42U rack will not fit in the designated location, maybe a wall mount enclosed rack would suffice).

Supply, Delivery, and Installation of network switches and UPS should also be provided. The specifications for the switches are as follows:(5) units 10/100/1000Mbps 24-port Layer 2 managed POE switch- 2 SFP ports- 2 SFP+ ports- North America power cord(3) units 10/100/1000Mpbs 8-port Layer 2 managed POE switch- SFP ports- North America power cord(5) units rack mount, 2U form factor, 1000VA, 900Watts, Output 230V or better UPS, with interface DB-9 RS 232, Smartslot, USB

In addition to the structured cabling system, the contractor should be the one to take out the old analog PABX cabling.

D. Other Considerations

The project cost will be financed through a 5-year leasing period. All hardware and software components are guaranteed against any defect and are covered by warranty for the duration of the lease. Specifically the warranty must include the following:

Locally available maintenance and technical support Spare parts should be readily available within 3 days in case of

system malfunction Service units should be readily available within 24 hours in case

of system malfunction for all equipment Helpdesk/technical support must be available 24x7

The bidder should be a certified partner / prime supplier of the product being proposed and must issue a Certificate of Partnership Agreement from the manufacturer’s local office in the Philippines and should have

53

at least two (2) locally based certified engineers of said product to han-dle installation and configuration of the system.

Training should be given within six (6) months after the notice to pro-ceed is given.

Work on structured cabling should take place after office hours and on weekends only. This should not affect the current network infrastruc-ture.

If possible, the bidder should have a buyback option for the equipment listed above.

Equipment Narrative – Refer to Appendix ABOI Node Distribution List – Refer to Appendix B

Appendix A: Equipment Narrative

IP PABX System

54

An IP Private Automatic Branch Exchange System is an automatic telephone switching system within a private enterprise. It is an appliance-based hardware and is located on-site of the private enterprise. It provides the customers with the services they require such as automated attendants, conferencing, call forwarding, and unified communication. It is designed for continuous communication and has no single point of failure. So in the event of WAN (Wide Area Network, connection to service provider) failure, the phone system continues to place and receive calls on the PSTN (Public Switched Telephone Network).

IP Phones

A VOIP (Voice over Internet Protocol) or IP Phone uses VOIP technologies for placing and transmitting telephone calls over an IP network, like the Internet, instead of the traditional public switched telephone network (PSTN). They appear much like an ordinary telephone or cordless phone or can be simple software-based softphones installed in a computer. Users of a VoIP phone system simply plug their IP phone into the nearest LAN port. Then, the IP phone registers automatically at the VoIP phone system. The IP phone always keeps its number, and behaves exactly the same way, no matter where you plug it in – on your desk, or in the office next door. Common functionality and features found in IP phones include (but is not limited to) caller id, encrypted communications, locally stored and network-based directory, and call transfer and call hold to name a few.

For BOI there would be four (4) types of IP Phones depending on the user. These are the Executive phones for the BOI officials, Conference Phones for the conference rooms, Operator Phones for the operator, and staff phones for everyone else.

Switch

Switches are used to connect computers, printers, and in this case IP Phones together within a single building or campus. For the phones to communicate they have to pass through the switch and the switch will connect the two devices together. The switch serves as a controller, enabling network devices to talk to each other efficiently. Managed switches will be used as they are configurable, offering greater flexibility and capacity as opposed to unmanaged switches. Managed switches can also be monitored and configured locally, or remotely to give you greater network control.

Switches are the building blocks for all network communications, from data, to voice and video, to wireless access. They can improve profitability by enabling your company to increase productivity, trim business expenses, and improve security and customer service.

UPS

An Uninterruptible Power Supply (sometimes uninterruptible power source) or UPS is a device that provides emergency power to a host of devices in the event the main

55

power source fails. It provides near-instantaneous protection from input power interruptions (note this is different from emergency power systems or backup generators) by supplying energy from its batteries. UPS are used to protect hardware such as computers, IP phones, and telecommunications equipment from unexpected power disruptions that could cause injuries, fatalities, serious business disruption, or data loss.

Appendix B: BOI NODES DISTRIBUTION LIST

Cabinet Name

Department

Floor Location No. Of

Nodes

Remarks

56

 

Conference Room

Penthouse Floor

1 (TeleConf)Cabling will homerun to 5F Server

room

Board Room 1 (SP)Audio Visual Room 1 (SP)Maintenance Room 1 (SP)Lobby Guard 1 (SP)

MDF

SMSD(ICT)

5th Floor

3 (SP)

 

Library 1 (SP)Governor's Staff 1 (SP)Governor's Office 1 (SP)COA 1 (SP)Auditor's 1 (SP)Governor Butalid Staff 1 (SP)Governor Butalid's Office 1 (SP)Office of the Secretary 1 (SP)Lobby Guard 1 (SP)

IDF3 Fourth Floor Office 4th Floor 12 (SP)

Cabling will homerun to

3F IDF Room

IDF3

IPPS

3rd Floor

8 (SP)

3rd Floor

IPPS Director Office 1 (SP)IPPS Director Secretary 1 (SP)ISIS 6 (SP)ISIS Director's Office 1 (SP)ISIS Director's Secretary 1 (SP)OED-ISG 2 (SP)Infocom 2 (SP)OED-IDG 2 (SP)RBIS 6 (SP)RBIS Director 1 (SP)RBIS Secretary 1 (SP)Manufacturing Industries Services (MIS) 6 (SP)Manufacturing Industries Services Director 1 (SP)Manufacturing Industries Services Secretary 1 (SP)Lobby Guard 1 (SP)

IDF2

Incentives Administration Service

2nd Floor

6 (SP)

2nd Floor

Incentives Administration Service Director 1 (SP)Incentives Administration Service Secretary 1 (SP)LICS (Legal) 4 (SP)LICS Director 1 (SP)LICS Secretary 1 (SP)Conference Room 1 (SP)Office of E.D. MSG 2 (SP)ICSD 6 (SP)Budget Division 2 (SP)Records 1 (SP)Cashier 2 (SP)GSD 3 (SP)B. Sec 1 (SP)Accounting Div. 2 (SP)HR Div. 2 (SP)Admin & Finacce Director 1 (SP)Admin & Finacce Director Secretary 1 (SP)Operator 1 (OP)Lobby Guard 1 (SP)

IDF1 American Desk Ground Floor

1 (SP) Ground FloorChina Desk 1 (SP)Korean Desk 1 (SP)

57

OED-IPG Director 1 (SP)OED-IPG Director's Secretary 1 (SP)IIPS 5 (SP)IIPS Director 2 (SP)IIPS Director's Secretary 1 (SP)DIPS 3 (SP)DIPS Director 1 (SP)DIPS Director's Secretary 1 (SP)Investments Assistance Service 12 (SP)Investments Assistance Service Director 1 (SP)Investments Assistance Service Director's Sec. 1 (SP)Ombudsman 2 (SP)Press 2 (SP)Bureau of Immigration 1 (SP)Lobby Guard 1 (SP)

IDF1 Basement FloorBasement

Floor 2 (SP)

Cabling will homerun to

GF IDF Room

Sub Total 150  Note:SP- Staff PhoneTeleConf - Conferenc Room PhoneOP- Operator Phone

Section VIII. Bidding Forms

TABLE OF CONTENTS

BID FORM

58

CONTRACT AGREEMENT FORM

OMNIBUS SWORN STATEMENT

BANK GUARANTEE FORM FOR ADVANCE PAYMENT

FORM ON STATEMENT OF CONTRACTS COMPLETED AND ONGOING

59

Bid Form

Date: _____________________

Invitation to Bid N: _____________________

To: ( name and address of Procuring Entity)

Gentlemen and/or Ladies:

Having examined the Bidding Documents including Bid Bulletin Numbers (insert numbers), the receipt of which is hereby duly acknowledged, we, the undersigned. Offer to (supply/deliver/perform) (description of Goods) in conformity with the said Bidding Documents for sum of (total Bid amount in words and figures) or such other sums as may be ascertained in accordance with the Schedule of Price attached herewith and made part of this Bid.

We undertake. if our Bid is accepted to deliver the goods in accordance with the delivery schedule specified in the Schedule of Requirements.

If our Bid is accepted. We undertake to provide a performance security in the form. Amounts. And within the times specified in the Bidding Documents.

We agree to abide by this Bid for the Bid Validity Period specified in BDS provision for ITB Clause 18.2 and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

Commissions or gratuities. If any, paid or to be paid by us to agents relating to this Bid. And to contract execution if we are awarded. Are listed below:

Name and address Amount and Purpose of Of agent Currency Commission or gratuity ______________ ____________ __________________ ______________ ____________ __________________ ______________ ____________ __________________ (if none, state “None)

Until a formal Contract is prepared and executed. this Bid together with your written acceptance thereof and your Notice of Award. Shall be binding upon us.

We understand that you not you are not bound to accept the lowest or any Bid you may receive.

We certify/confirm that we comply with the eligibility requirements as per ITB Clause 5 of the Bidding Documents.

Date this_________________day of____________20____________

___________________________ __________________________(signature) (in the capacity of)

Duly authorized to sign Bid and on behalf of________________________

Contract Agreement Form

THIS AGREEMENT made the ________day of _______20________between [name of PROCURING ENTITY] of the Philippines(hereinafter called “the Entity”) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other part:

WHERAS the Entity invited Bids for certain goods and ancillary services. Viz., [brief description of goods and services] and has accepted a Bid by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures] (hereinafter called ”the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the conditions of contract referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:

(a) the Bid Form and the Price Schedule submitted by the Bidder.(b) the Schedule of Requirements:(c) the Technical Specifications:(d) the General Conditions of Contract:(e) the Special Conditions of Contract: and(f) the Entity’s Notification of Award.

3. In consideration of the payments to be made by the Entity to the Supplier as hereinafter mentioned. the Supplier hereby covenants with Entity to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Entity hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein. the Contract Price or such other sum as may become payable under of the contract at the time and in the manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this. Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written.

Signed. Sealed. Delivered by____________the______________(for the Entity)

Signed. Sealed delivered by_____________the______________(for the Supplier)

Omnibus Sworn Statement

REPUBLIC OF THE PHILIPPINES)CITY/MUNICIPALITY 0F________) S.S.

A F F I D A V I T

I, [Name of Affiant], of legal age, [Civil Status] , [nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law. Do hereby depose and state that:

1. Select one, delete the other:

If a sole proprietorship: I am the sole proprietor of [ Name of Bidder] with office address at [address of Bidder]:

If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder]:

2. Select one, delete the other:

If a sole proprietorship: As the owner and sole proprietor of [Name of Bidder], I have full power’ and authority to do. execute and perform any and all acts necessary to represent it in the bidding for [Name of the Project] of the [Name of the Procuring Entity]:

If a partnership corporation, cooperative or joint venture: I am granted full power and authority to do. execute and perform any and all acts necessary and/or to represent the [Name of Bidder] in the bidding as shown in the attached [state title of attached documents showing proof of authorization (e.g duly notarized Secretary’s Certificate issued by the Corporation or the members of the joint venture)]:

3. [Name of Bidder] is not “black listed” or barred from bidding by the

Government of the Philippines or any of its agencies. offices. corporations. or Local Government Units. foreign government/foreign or international financing institution whose blacklisting. rules have been recognized by the Government Procurement Policy Board:

4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original. Complete and all statements and information provided therein are true and correct:

5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative to verify all the documents submitted:

6. Select one delete the other

If a sole proprietorship: I am not related to Head of the Procuring Entity, members of the Bids and Awards Committee (BAC). the Technical Working Group, and the BAC Secretariat, the head of the Project management Office or the end-user unit. and the project consultants by consanguinity or affinity up to the third civil degree:

If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity. members of the Bids and Awards Committee(BAC), the Technical Working Group, and the BAC Secretariat. the head of the Project Management Office or the end-user unit, and the project consultant by consanguinity or affinity up to the third civil degree:

If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the head of the procuring Entity. members of the Bids and Awards Committee (BAC), the Technical Working Group and the BAC Secretariat, the head of the Project Management office or the end-user unit. And the project consultants by consanguinity or affinity up to the third civil degree:

7. [ Name of Bidder] complies with existing labor and standards: and

8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder:

a) Carefully examine all of the Bidding Documents:

b) Acknowledge all conditions. local or otherwise. affecting the implementation of the Contract:

c) Made an estimate of the facilities available and needed for the contract

to be bid if any: and

d) Inquire or secure Supplemental/Bid Bulletin(s) issued for the [Name of the project}

IN WITNESS WHEREOF. I have hereunto set my hand this_____day of ____20_____at___________, Philippines:

_____________________________________ Bidder’s Representative/Authorized Signatory

Bank Guarantee Form for Advance Payment

To: [name and address of PROCURING ENTITY][name of Contract]

Gentlemen and/or Ladies:

In accordance with the payment provision included in the Special Conditions of Contract, which amends, Clause 10 of General Conditions of Contract to provide for advance payment. [name and address of Supplier] (hereinafter called the “Supplier”) shall deposit with the PROCURING ENTITY a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figure and words].

We, the [bank of financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the PROCURING ENTITY on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words].

We further agree that no longer or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the PROCURING ENTITY and the Supplier, shall in any way release us from any liability under the guarantee and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date].

Your truly,

Signature and seal of the Guarantors

______________________________________________________________[name of bank or financial institution]

______________________________________________________________[address]

______________________________________________________________[date]

Statement of all Government & Private Contracts completed Business Name : ___________________________________________________Business Address : ____________________________________________________

Name of Contract a. Owner’s Nameb. Addressc. Telephone Nos.

Nature of Work

Bidder’s Role a. Amount atAwardb. Amount atCompletion

a. DateAwardedb. ContractEffectivity

Description %

Government

Private

Note: This statement shall be supported with:

1. Contract2. Certificate of Completion3. Certificate of Acceptance

Submitted by : ___________________________________________________(Printed Name & Signature)

Designation : ___________________________________________________

Date : _________________________________________________________

List of all Ongoing Government & Private Contracts including contracts awarded but not yet started

Business Name : ___________________________________________________Business Address : ____________________________________________________

Name of Contract/ AccomplishmentProject Cost

d. Owner’s Namee. Addressf. TelephoneNos

Nature of Work

Bidder’s Role d. Date Awardede. Date Startedf. Date ofCompletion

% of Accomplishment

Value ofOutstandingWorks /UndeliveredPortion

Description % Planned Actual

Government

Private

Total Cost

Note: This statement shall be supported with:

1. Notice of Award and/or Contract2. Notice to Proceed issued by the owner3. Certificate of Accomplishments signed by the owner or authorized

Submitted by : ___________________________________________________(Printed Name & Signature)

Designation : ____________________________________________________Date : _____________________________________________________

AFFIDAVIT OF DISCLOSURE OF NO RELATIONSHIP

I, __________________, Filipino, of legal age, single/married, and a resident of ____________________________, after having duly sworn to in accordance with law, hereby depose and state;

That I am the owner/president/general manager/authorized representative of __________________________________________________, a bidder in the public bidding to be conducted by the Board of Investments (BOI) Bids and Awards Committee (BAC) for the Lease of Private Automatic Branch Exchange (PABX) System.

That I am not (none of our officers and/or members of the partnership are/none of the officers, directors, or controlling stockholders of our corporation are) in any way related to the head of BOI either by consanguinity or affinity up to the third civil degree;

That neither am I (nor any of the officers and/or members of the partnership are/none of the officers, directors, or controlling stockholders of our corporation are) related to any members of the BOI BAC, BAC-TWG, BAC Secretariat, or any of its officers or employees having direct access to information that may substantially affect the result of the bidding, either by consanguinity or affinity up to the third civil degree;

That I am (we are) executing this Affidavit/Disclosure of Relations in compliance with Section 47 of the Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as “The Government Procurement Reform Act”.

AFFIANT FURTHER SAYETH NONE.

_____________________ Affiant

Republic of the PhilippinesProvince/City of ____________________) S.S.

Subscribe and sworn to before me this ______ day of _________, 2015 at _______________, Philippines. Affiant exhibit to me her Community Tax Certificate No. __________ issued on ___________ at ___________________.

NOTARY PUBLIC

Doc. No. ______ Until: _______Page No. ______ PTR No.: _______Book No. ______ Date: _______Series of ______ Place: _______

TIN: _______